Reihanifam et al v. Fresenius USA, Inc. et al

Filing 59

Judge Indira Talwani: ORDER entered. ORDER REQUESTING STATEMENT OF POSITION BY UNITED STATES (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
UNITED STATES OF AMERICA et al.,
ex rel. MOHSEN REIHANIFAM

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Plaintiffs-Relators,
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v.
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FRESENIUS USA, INC. and FRESENIUS *
MEDICAL CARE HOLDINGS, INC.
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doing business as FRESENIUS MEDICAL *
CARE NORTH AMERICA
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Defendants.
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Civil Action No. 13-cv-11486-IT

ORDER REQUESTING STATEMENT OF POSITION BY UNITED STATES
June 24, 2015
TALWANI, D.J.
Defendants in this case have filed a Motion to Dismiss [#57] based in part on res judicata.
Defendants argue that Reihanifam could have brought his retaliation-based claim in an earlier
California litigation between these same parties and that, having failed to do so, his claim must
now be dismissed.
The resolution of this legal issue may have an impact on future relators, given the duration
of time many qui tam complaints remain under seal before a relator may disclose to the defendants
the existence of his claims. Accordingly, the United States shall file by no later than July 8, 2015,
a statement of its position as to whether the statutory mandate that a qui tam complaint is to be
filed under seal until after the government’s declination of intervention should have any affect on
the court’s analysis of res judicata.
IT IS SO ORDERED.
/s/ Indira Talwani
United States District Judge